Thursday, May 9, 2024

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Falsely alleging sexual relationship with sister-in-law and niece itself is cruelty. Breaking settlement agreement aggravates the cruelty.

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P&H HC held that merely because death has happened due to unnatural circumstances or suicide can't lead to conclusion that it was dowry death or a case of #498a All ingredients of section 304B shall be satisfied

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Guwahati HC held that if wife was missing and is caught in the house of paramour the inference is that it is not isolated and she was living in #Adultery and thus not entitled for maintenance u/s CrPC 125(4)

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Delhi HC held that if a woman alleges miscarriage due to beatings by husband and is proven wrong that is cruelty towards husband and he is eligible to get divorce on this ground.

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Supreme Court held that State Commission for women can not direct anyone to give maintenance or undergo DNA Test

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Delhi HC granted anticipatory bail to the accused when it was shown that the harassment was on petty things and not for demand of dowry.

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Bombay HC held that if wife is unable to prove her allegations of maltreatment and cruelty and thus does not have sufficient cause to stay away from husband, she is not entitled for maintenance

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Guwhati HC held that misbehavior in public places by wife, her intolerant behavior etc makes husband's life and social image tattered. Cruelty established. Divorce decree granted in favor of husband.

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Allahabad HC held that letters written by wife shows her deep love for another man, her conduct of running away from home raises suspicion. No direct proof of Adultery needed. Circumstances prove enough. Divorce Granted

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Delhi HC held that custody of child under domestic violence act is not a final order and the same is temporary order and the final outcome of any custody battle can be decided by guardianship court only

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